18
Oct

Minnesota Sentencing Lawyer - Durational Departure

Felonies
As previously discussed in our blog about dispositional departures, sentencing often can be the most critical part of the criminal case. When the State simply has the facts to convict you, the case then turns to how to obtain the best possible senten…
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5
Oct

Minnesota Sentencing Attorney - Dispositional Departure

Felonies
Sentencing can often be the most important part of a criminal case for a defendant. Whether the defendant plead guilty or was found guilty at trial, sentencing is when the defendant finds out their criminal consequences. With prison on the line in fe…
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28
Jul

Disorderly Conduct - Fighting Words

Constitutional Rights, Criminal Charges, Gross Misdemeanors / Misdemeanors
The common-law crime of disturbing the peace (n.k.a. disorderly conduct) used to be broadly defined to include any behavior which disturbed the peacefulness of citizens. States took it upon themselves to codify this rule under disorderly conduct stat…
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21
Jul

Restitution in Minnesota - Direct Causation Required

Case Law Updates
Over the past few decades, the criminal justice system has endured a massive change in its treatment of alleged crime victims and offenders. Those accused of committing crimes have been subject to increasingly punitive outcomes, both in law and publi…
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30
Jun

Physical Discipline of a Child - Authorized Use of Force

Child Neglect, Domestic Assault, Malicious Punishment of a Child
Minnesota authorizes use of force against another person, without their consent, under limited circumstances outlined in Minn. Stat. 609.06. The most common example is self-defense. But, a common scenario that often gets overlooked is that a “p…
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8
May

Enhancement is a Moot Issue for DWI Expungement Purposes

Case Law Updates, DWI, Expungement
For individuals trying for a DWI expungement (or to expunge assault-type records, there is one argument that the State loves to emphasize – the record is enhanceable (if the conviction is not more than ten years old) and sealing it would preven…
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1
May

Distracted Driving Enforcement

Traffic Violation
Distracted driving – i.e. texting while driving – has become a major problem that has led to serious, and sometimes deadly, accidents. Enforcing the distracted driving laws has always been difficult under the current language of the law b…
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30
Apr

Distracted Driving Law to Change in August 2019

Criminal Charges, Traffic Violation
Minnesota’s distracted driving law – a.k.a. texting and driving – will change come August 2019. Starting then, the law will be much more restrictive, essentially demanding that any use of a cell phone by a driver be hands-free. For…
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22
Apr

Sex Crimes - "Sexual or Aggressive Intent" - Defined

Felonies, Gross Misdemeanors / Misdemeanors, Sex Crimes/Child Pornography Crimes
Minnesota’s sex crimes require a specific intent that is undefined by statute. In order for the State to prove a defendant committed criminal sexual contact, it must show that the defendant committed the contact with “sexual or aggressive…
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20
Mar

Flipping the Bird to Cops - Not a Basis for the Cop to Stop You (Federal Court Decision)

Case Law Updates, Constitutional Rights
Let’s be honest. How many times have we wanted to flip the bird to a cop after pulling us over for a mundane traffic violation? Countless? Maybe just a couple? Either way, it’s probably crossed our minds when we think the minor infraction…
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